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(영문) 의정부지방법원 2015.12.30 2015고단4204
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2015, the Defendant forged a motor vehicle number plate, which is an air strawer, in the manner of attracting a sign of the front number plate of the D New EEF shop and other motor vehicles in arrears with taxes, which is held in the office of the Kacheon-gun Office in arrears. The Defendant forged a motor vehicle number plate, which is an air strawer, in the manner of attracting a sign of a sign of the advertisement for the purpose of using the said motor vehicle.

2. On September 19, 2015, the Defendant violated the Automobile Management Act and the Defendant used forged car number plates by attaching and operating a forged car number plate as prescribed in paragraph (1) at approximately 5 km section from the front of the cafeteria located in the 5km-gun, Gyeonggi-gun, Kacheon-gun, to the front of the said car, at around 10:25, on September 19, 2015.

3. The Defendant violated the Road Traffic Act (driving) driven the said car under the influence of alcohol with a blood alcohol concentration of 0.054% at the time and place specified in paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving, and a statement of the state of standing of a driver;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 78 (2) and Article 71 (1) of the Automobile Management Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a crime of violating the Automobile Management Act or the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the suspended sentence is against the recognition of his/her mistake, the fact that there is no criminal record of the same kind of crime or the suspended sentence, and the blood alcohol concentration is relatively high.

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